(1) Any Prohibition Offi cer duly empowered in this behalf by the 6[ State] Government or any Police Offi cer may open any package and examin any goods and may 7[stop and search] for any intoxicant, hemp, mhowra fl owers, or molasses any vessel, vehicle or other means of conveyance 8[and may seize any intoxicant, hemp, mhowra fl owers, molasses or any other thing liable to confi scation or forfeiture under this Act or any other law for the time being in force relating to excise revenue found while making such search.]
1. These sections were substituted by Bom. 22 of 1960, s. 78.
2. These words, fi gures and letters were substituted for the words, fi gures and letter “sections 65, 67, 67-1A and 68’ by Guj. 29 of 2011, s. 9.
3. This section was substituted by Bom. 22 of 1960 s. 79.
4. The word “and” was omitted by Guj. 16 of 1964, s. 4 (1).
5. This clause was inserted, ibid., s. 4 (2).
6. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
7. These words were substituted for the words “stop or search” by Bom. 22 of 1960, s. 80(a).
8. These words were added by Bom. 26 of 1952, s. 47.
V of 1898.Procedure of Code of Criminal Procedure relating to cognizable offi ences to apply.
Certain offi ences to benonbailable.
Power of entry and inspection.
Power to open packages, etc.
1949 : Bom. XXV ] Gujarat Prohibition Act., 1949 51
(2) The unloading and carrying of goods, the bringing of them to the place appointed under sub-section (3) for examination, the opening and repacking of them, where such operations 1[are necessary for searches made] under this section and the removing of goods to and placing of them in the place appointed under sub-section
(3) 2[ for examination or deposit], shall be performed by or at the expense of the owner of such goods.
(3) The owner of goods or the persons in charge of the goods shall, if so required by any offi cer conducting the search, take the goods 3[to a place appointed 4[in any area for which a Commissioner of Police has been appointed] and elsewhere, by the District Magistrate] for the purpose of examination or deposit.
5[(4) The expenses incurred by the State Government for any of the purposes mentioned in sub-section (2) may be recovered from the owner, or as the case may be, the person in-charge, of the goods as arrears of land revenue.]
6[122 (1) The director or Collector or any prohibition offi cer duly empowered in this behalf by the state government or any police offi cer may—
(a) require a licensed manufacturer or vendor or tapper or drawer of toddy or a person in the employ of such manufacturer or vendor or tapper or drawer of toddy or acting with this express or implied permission on his behalf to produce the licence, permit, pass or authorisation issued under this Act under which he carries on the manufacture, storage or sale of any intoxicant, hemp, mhowra fl owers or molasses or taps toddy producing trees or draws toddy therefrom ;
(b) enter and inspect, at any time by day or by night, any land on which toddy producing trees are growing, whether such trees are licensed for tapping or not, and any warehouse, godown, shop or premises in which any licensed manufacturer or vendor manufactures, stores or sells any intoxicant, hemp, mhowra fl owers or molasses and examine, test, measure or weight any stock of any such articles or cause any such stock to be examined, tested, measured or weighed.
(2) If any offi cer mentioned in sub-section (1) fi nds that the holder of a licence, permit, pass or authorisation issued under this Act or a person in the employ of such holder or acting with his express or implied permission on his behalf wilfully does or omits to do anything, which is an offence under this Act, such officer may seize any intoxicant, hemp, mhowra fl owers or molasses or any material or article in respect of which the offence is committed and any document or other article which he has reason to believe may furnish evidence of the commission of an offence under this Act and send a report to his offi cial superior for such action as he deems fi t. ]